1. Applicant's Name: a. Application Date: 6 October 2017 b. Date Received: 17 October 2017 c. Previous Records Review: 14 January 2015, AR20130021563 d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the misconduct that led to the current discharge was the result of a diagnosed service-connected PTSD. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate the following Behavioral Health (BH) diagnoses: Adjustment Disorder with Disturbance of Emotions and Conduct, Alcohol Dependence, Anxiety Disorder NOS, Chronic PTSD and Major Depressive Disorder (MDD). JLV indicates that the applicant is 90% service connected, 70% for PTSD. Based on the available information, the applicant has BH conditions which mitigate the misconduct which led to separation. In a personal appearance hearing conducted at Arlington, VA on 29 October 2018, and by a 5-0 vote, the Board determined the discharge was too harsh based on the applicant's length and quality of service, to include combat service, matters surrounding the AWOL, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH, valor, and homelessness), and as a result it is inequitable. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, and a corresponding separation code to JFF. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 30 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully using cocaine between 18 March 2012 and 29 March 2012, willfully disobeying a noncommissioned officer and wrongfully communicating a threat to him on 9 May 2012, and being AWOL on 7 July 2012, and remained absent until 11 September 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 March 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 May 2013 / General (Under Honorable Conditions) (The separation authority reviewed the Medical Evaluation Board (MEB) proceedings and determined the applicant's medical condition was not a direct or substantial contributing cause of the conduct that led to his separation.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 January 2009 / 4 years, 1 month, 16 weeks (The applicant extended his enlistment by 13 months on 23 September 2011) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 3 months, 2 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (13 July 2009 to 2 July 2010) f. Awards and Decorations: ARCOM-V DEV; ARCOM-2; NDSM; ACM-2CS; GWOTSM; NCOPDR; ASR; OSR; NATO MDL; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Five DA Forms 4187 (Personnel Actions), dated between 21 March 2012 and 11 September 2012, documents the applicant's statuses from present for duty, to AWOL, and dropped from rolls, respectively. Negative counseling statements for being disobeying and disrespecting an NCO; communicating threats to an NCO and other Soldiers; failing to report numerous times; being late for formations; disobeying orders on numerous occasions; behavior being substandard and affecting the unit; being a rehabilitative transfer; leaving his place of duty; being placed on pass and post restrictions; and refusing to sign a counseling statement. An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 17 April 2012, indicates the specimen collected on 29 March 2012, on an "IO" (Inspection, Other) basis, provided by the applicant, tested positive for cocaine. FG Article 15, dated 19 March 2013, for being AWOL on 7 July 2012, and remained absent until 11 September 2011; without authority, leaving his appointed place of duty on 4 May 2012; failing to go to his appointed place of duty at the prescribed time on 9 May 2012; and wrongfully using cocaine between 27 February 2012 and 29 March 2012. The punishment consisted of a reduction to E-1, forfeiture of $758 pay for two months (suspended), 45 days extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: 75 days (AWOL: (20 March 2012 to 28 March 2012, for nine days) and (7 July 2012 to 10 September 2012, for 66 days) / the applicant returned to his unit on both incidents of AWOL j. Diagnosed PTSD / TBI / Behavioral Health: Physical Profile, dated 11 October 2012, shows the applicant had a medical condition of "Major Depressive Disorder" requiring a permanent profile. Report of Medical History, dated 17 October 2012, indicates the applicant and examiner noted behavioral health issues and treatment. Report of Mental Status Evaluation, dated 21 September 2012, indicates an "AXIS I" diagnosis of "Anxiety Disorder NOS," with comments that he was "admitted to MAMC ward 5N following an episode of increased anger with thoughts of harming others. He was very engaged in treatment on the ward, appreciated the groups and classes and intends to put his coping skills into practice. At this point in time, he feels that he will be able to keep his anger under control but he is encouraged to be proactive in seeking help at Behavioral Health if he feels liable to act out his feelings rather than getting into any further trouble." The following applicant's documentary evidence details diagnoses of PTSD and behavioral health issues/treatment: Mental Impairment Questionnaire rendered by a medical doctor, dated 18 February 2015; VA Review Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire rendered by a psychiatrist, dated 3 February 2015; and a doctor's statement. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 October 2017; two supporting statements; character reference statement; Mental Impairment Questionnaire rendered by a medical doctor, dated 18 February 2015; VA Review Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire rendered by a psychiatrist, dated 3 February 2015; and a doctor's statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his diagnosed service-connected PTSD, which he claim was the result of his conduct, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. The separation authority considered the medical evidence, and determined that was not the case. The Board is not bound by the separation authority's finding in that regard, and can review that determination. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 October 2018, and by a 5-0 vote, the Board determined the discharge was too harsh based on the applicant's length and quality of service, to include combat service, matters surrounding the AWOL, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH, valor, and homelessness), and as a result it is inequitable. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, and a corresponding separation code to JFF. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170019026 5